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Racing on the Highway in Arizona

A charge of racing on the highway can have serious consequences including a driver's license suspension, high fines, and jail time. Further convictions for the same charge can result in even harsher penalties, including a felony. However, the Arizona prosecutor has to prove you are guilty of the offense beyond a reasonable doubt before you can be convicted.

If you have been arrested for or charged with racing on the highway, an experienced Arizona criminal defense attorney can help you with your case. Just because you are charged with the crime does not mean that you are guilty.

What is Racing on the Highway?

The charge of racing on the highway is codified at A.R.S. § 28-708. It prohibits any person to drive a vehicle, or participate in any manner, in a

  • race
  • speed competition or contest
  • drag race or acceleration contest
  • test of physical endurance or exhibition of speed or acceleration, or
  • for the purposes of making a speed record on a street or highway.

The typical situation for this charge is easily pictured.

Example: Jon is driving his Ford Mustang and pulls up to a red light. Clark is already stopped at the red light in his Corvette. The two lock eyes, rev their engines, and once the light turns green peel off at a high rate of speed, racing for the next intersection. They both could be charged with racing on the highway.

The law can also apply to situations such as "road rage" if you speed past another driver and cut them off. With the help of an Arizona traffic attorney, you can challenge your case.

Penalties for Racing on the Highway

First Offense

A first offense for violating this law is a Class 1 misdemeanor and may subject you to:

  • A fine of not less than $250 up to a fine of $2,500
  • A 90-day driver's license suspension ordered by the judge
  • Imposition of community service hours, and/or
  • The MVD is likely to assess 8 points against your driver's license (this will trigger a requirement to complete Traffic Survival School).

Second Offense

A second offense for violating the racing on highway law may subject you to:

  • A fine of not less than $500
  • A 90-day driver's license suspension ordered by the judge
  • Imposition of community service hours, and/or
  • The MVD is likely to assess 8 points against your driver's license (this will trigger a requirement to complete Traffic Survival School).

Felony Racing on the Highway

If the second conviction occurs within 24 months (two years) of the first conviction, the driver is guilty of a Class 6 felony. If so, he or she faces:

  • Prison sentence of not less than 10 days
  • Not eligible for probation, pardon, suspension of sentence or release on any other basis until the minimum 10-day sentence is served, and
  • Revocation of driving privileges.

If convicted and sentenced to jail for your offense, a judge has the discretion to allow you to attend school or work at your job for not more than 12 hours per day or more than five days per week. You would be required to spend the rest of your time in jail until your sentence is served. This does not apply if you are convicted of the felony charge.

Consult a Racing on the Highway Attorney

If you have been arrested for racing on the highway, an experienced attorney at the Law Offices of Shawn B. Hamp can represent you in your defense.

We serve clients in Mohave, Yavapai, La Paz, and Coconino Counties, including the communities of Kingman, Bullhead City, Lake Havasu, Parker, Prescott, Williams and Flagstaff, Arizona. Contact us today for a free consultation.

Contact Us Today

If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

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